Practice Contacts

Cases

Counsel to Collegium Pharmaceutical Inc. against Purdue Pharma in an application under the Patented Medicines (Notice of Compliance) Regulations, as well as a patent infringement action, involving the medicine XTAMPZA ER® (a tamper-resistant oxycodone product used in pain management).

Counsel for Janssen in a patent infringement action relating to Stelara (ustikinumab), a monoclonal antibody product for use in the treatment of psoriasis, among other indications. This was the first patent infringement trial in Canada relating to a biologic drug.

Counsel to the defendant in a proceeding relating to the sale of food products containing the plaintiff's trademark. Successfully opposed an interlocutory injunction to restrain the sales of those products.

Counsel for the Kennedy Trust and Janssen in a patent impeachment and infringement action related to Remicade (infliximab), a biologic treatment for rheumatoid arthritis. This was the first patent infringement action in Canada relating to a Subsequent Entry Biologic (a generic version of a biologic drug, also referred to as a biosimilar).

Counsel for the Kennedy Trust in a patent dispute. In the first unanimous five-judge decision of the Federal Court of Appeal, successfully argued that the standard of review applicable to the decisions of Prothonotaries should be in accordance with Housen v Nikolaisen, overturning a long line of prior authority.

Counsel to Janssen and the Kennedy Trust for Rheumatology Research in a judicial review application relating to the PM(NOC) Regulations and Health Canada's policies regarding Administrative New Drug Submissions.

Counsel to McDonald's in a successful defence at trial of a claim alleging breach of the trade-mark "Chicken Grill" and loss of goodwill. This was the Canadian decision addressing the concept of "reverse confusion".

Counsel in a judicial review of the Minister's decision not to list Apo-citalopram as interchangeable with Lundbeck's citalopram-containing pharmaceutical product and the listing of Genpharm's Gen-citalopram on Ontario's Drug Benefit Index.

Counsel to Canwest Publishing, Inc. in Canadian class proceeding in which plaintiffs alleged copyright infringement in respect of all electronic news and journalistic published content. Successfully resolved proceeding and coordinated first certification for settlement approval and settlement approval of a Canadian class proceeding within the context of an ongoing CCAA proceeding.